QLDIn ForceAct
Sanctuary Cove Resort Act 1985
sec.104BDealing with matter relating to development control by-law
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### sec.104B Dealing with matter relating to development control by-law
QCAT may deal with a matter relating to—
the application of a development control by-law to a person mentioned in subsection (2) (b) or (c) ; or
a contravention or alleged contravention of a development control by-law.
Each of the following persons may apply to QCAT, as provided under the QCAT Act , to deal with a matter under subsection (1) if the person has standing to make the application—
the principal body corporate;
a subsidiary body corporate of the principal body corporate;
a proprietor or occupier of, or a person having an estate or interest in, a lot in a residential zone.
For subsection (2) , a person has standing to make the application if the person is directly and materially affected by the matter to which the application relates.
A proprietor of a lot in a residential zone alleges the amenity of the lot has been, or will be, adversely affected by development authorised under a development control by-law in an adjoining residential zone.
This section is subject to section 104C .
s 104B ins 2009 No. 26 s 107
amd 2009 No. 48 s 188
(sec.104B-ssec.1) QCAT may deal with a matter relating to— the application of a development control by-law to a person mentioned in subsection (2) (b) or (c) ; or a contravention or alleged contravention of a development control by-law.
(sec.104B-ssec.2) Each of the following persons may apply to QCAT, as provided under the QCAT Act , to deal with a matter under subsection (1) if the person has standing to make the application— the principal body corporate; a subsidiary body corporate of the principal body corporate; a proprietor or occupier of, or a person having an estate or interest in, a lot in a residential zone.
(sec.104B-ssec.3) For subsection (2) , a person has standing to make the application if the person is directly and materially affected by the matter to which the application relates. A proprietor of a lot in a residential zone alleges the amenity of the lot has been, or will be, adversely affected by development authorised under a development control by-law in an adjoining residential zone.
(sec.104B-ssec.4) This section is subject to section 104C .
- (a) the application of a development control by-law to a person mentioned in subsection (2) (b) or (c) ; or
- (b) a contravention or alleged contravention of a development control by-law.
- (a) the principal body corporate;
- (b) a subsidiary body corporate of the principal body corporate;
- (c) a proprietor or occupier of, or a person having an estate or interest in, a lot in a residential zone.